EINDHOVEN UNIVERSITY OF TECHNOLOGY. TU/e ADMINISTRATION AND MANAGEMENT REGULATIONS (Revised February 29, 2016)

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1 EINDHOVEN UNIVERSITY OF TECHNOLOGY TU/e ADMINISTRATION AND MANAGEMENT REGULATIONS (Revised February 29, 2016) 1

2 CONTENTS Chapter I General provisions 3 Page Chapter II Administration and organization of the University 4 Section 1 General provisions 4 Section 2 Supervisory Board 6 Section 3 Executive Board 7 Section 4 Secretary of the University 8 Section 5 Doctorate Board 8 Section 6 Department 8 Section 7 Professors and associate professors 11 Section 8 Research institutes and research schools 11 Section 9 Other institutes (no longer applicable) 12 Section 10 University-wide services 12 Section 11 TU/e Bachelor College and TU/e Graduate School 13 Chapter III Advisory councils 14 Section 1 System 14 Section 2 University Council 14 Section 3 Local consultation 17 Section 4 Departmental Council 17 Section 5 Service Council 18 Chapter IV Endowed chairs 20 Chapter V Regulations concerning the facility, complaints, and disputes with regard to students 21 Chapter VI Management of the University 24 Chapter VII Forms of consultation/information systems 27 Section 1 Consultation structure for integral management 27 Section 2 Work meetings 27 Section 3 The university's information systems 27 Chapter VIII Transitional and concluding provisions 28 Appendices 29 2

3 CHAPTER I GENERAL PROVISIONS Article 1.1 Definitions 1. In these regulations, the following terms and abbreviations have the following meanings: a. the WHW: the Dutch Higher Education and Scientific Research Act; b. the Minister: the Dutch Minister of Education, Culture and Science (OCW); c. the University: Eindhoven University of Technology; d. the Supervisory Board: the Supervisory Board of the University; e. the Executive Board: the Executive Board of the University; f. the Secretary of the University: the official referred to in Article 2.11 of these regulations; g. the University Council: the University Council of the University; h. department: a department of the University, as mentioned in Article 2.1; i. Dean: chairman of the departmental administration; j. directors of central services: the officials referred to in Article 2.32 of these regulations; k. Doctorate Board: the Doctorate Board of the University; l. management: attending to staff and to financial and material resources, including attending to working conditions, the environment, and information according to applicable stipulations and directed toward the effective and efficient performance of duties in support of education, research, and knowledge valorization; m. management unit: a division of the University designated by the Executive Board to be managed separately; n. mandate: an assignment from the Executive Board to perform management duties on its behalf and under its responsibility with regard to a management unit; o. sub-mandate: an assignment from an official mandated by the Executive Board to perform management duties on its behalf and under its responsibility with regard to a management unit or division thereof; p. student: a student registered at the University; q. member of staff: any individual employed by the University, including individuals employed by the Netherlands Organisation for Scientific Research (NWO) or similar organizations designated by the Minister and working at the University; 1 r. academic staff: professors, associate professors, assistant professors, PhD students, PDEng-trainees, and other academic staff (individuals assigned to teach or conduct research within or outside their department, in positions that, as a rule, require a university degree); s. electoral regulations: the regulations established by the Executive Board for electing the members of the University Council, the Departmental Councils, and the Service Council. 2. Other terms used in these regulations, if they are also used in the WHW, shall have the meaning ascribed to them in the WHW. 1 by the Minister's decision of January 22, 1988, the following organizations have been designated as such: the Royal Netherlands Academy of Arts and Sciences (KNAW), the Netherlands Organisation for Applied Scientific Research (TNO), the Foundation for Fundamental Research on Matter (FOM), the National Research Institute for Mathematics and Computer Science (CWI), the Technology Foundation (STW); 3

4 CHAPTER II Section 1 ADMINISTRATION AND ORGANIZATION OF THE UNIVERSITY General provisions Article 2.1 Departments (Art of the WHW) The University comprises the following departments: a. Department of Industrial Engineering and Innovation Sciences (IE&IS); b. Department of Mathematics and Computer Science (W&I); c. Department of Mechanical Engineering (W); d. Department of Electrical Engineering (EE); e. Department of Applied Physics (TN); f. Department of Chemical Engineering and Chemistry (ST); g. Department of the Built Environment (B); h. Department of Biomedical Engineering (BMT); i. Department of Industrial Design (ID); Article 2.2 Degree programs The following degree programs have been established at the University: 1. Bachelor s degree programs (Art of the WHW): a. In the Department of Industrial Engineering & Innovation Sciences: - Innovation Sciences; - Industrial Engineering and Management Science; b. In the Department of Mathematics and Computer Science: - Applied Mathematics; - Computer Science and Engineering; c. In the Department of Mechanical Engineering: - Mechanical Engineering; d. In the Department of Electrical Engineering: - Electrical Engineering; e. In the Department of Applied Physics: - Applied Physics; f. In the Department of Chemical Engineering and Chemistry: - Chemical Engineering; g. In the Department of the Built Environment: - Architecture, Building and Planning; h. In the Department of Biomedical Engineering: - Biomedical Engineering (in collaboration with Maastricht University); i. In the Department of Industrial Design: - Industrial Design. 2. Master s degree programs (Art of the WHW): a. In the Department of Industrial Engineering & Innovation Sciences: - Operations Management and Logistics; - Innovation Management; - Innovation Sciences; - Human-Technology Interaction; b. In the Department of Mathematics and Computer Science: - Computer Science and Engineering; - Business Information Systems 2 ; - Industrial and Applied Mathematics; - Embedded Systems 3 ; 2 coordinating department, participating department: Industrial Engineering & Innovation Sciences 3 coordinating department, participating department: Electrical Engineering 4

5 c. In the Department of Mechanical Engineering: - Mechanical Engineering; - Sustainable Energy Technology 4 ; - Systems & Control 5 ; - Automotive Technology 6 ; d. In the Department of Electrical Engineering: - Electrical Engineering; e. In the Department of Applied Physics: - Applied Physics; - Science and Technology of Nuclear Fusion 7 ; f. In the Department of Chemical Engineering and Chemistry: - Chemical Engineering; g. In the Department of the Built Environment: - Architecture, Building and Planning; - Construction Management and Engineering 8 ; h. In the Department of Biomedical Engineering: - Biomedical Engineering (in collaboration with Maastricht University); - Medical Engineering (in collaboration with Maastricht University); i. In the Department of Industrial Design: - Industrial Design. 3. Master s degree programs for first-degree teacher certification in subjects at the secondary level (Art. 7.4.a paragraph 3 of the WHW): a. In the Department of Mathematics and Computer Science: - Science Education & Communication Designer programs: a. In the Department of Industrial Engineering & Innovation Sciences: - Industrial Engineering; b. In the Department of Mathematics and Computer Science: - Mathematics for Industry; - Software Technology; - Automotive Systems Design; c. In the Department of Electrical Engineering: - Design of Electrical Engineering Systems; d. In the Department of Applied Physics: - Design and Technology of Instrumentation; - Clinical Informatics; e. In the Department of Chemical Engineering and Chemistry: - Process & Product Design; f. In the Department of the Built Environment: - Architectural Design Management Systems; - Smart Energy Buildings and Cities; g. In the Department of Industrial Design: - User-System Interaction; h. In the Department of Biomedical Engineering: - Qualified Medical Engineer. 4 coordinating department, participating departments: Electrical Engineering and Industrial Engineering & Innovation Sciences 5 coordinating department, participating department: Electrical Engineering 6 coordinating department, participating departments: Electrical Engineering, Chemical Engineering, Mathematics & Computer Science, Industrial Engineering & Innovation Sciences and Industrial Design 7 coordinating department, participating departments: Electrical Engineering and Mechanical Engineering 8 coordinating department, participating department: Industrial Engineering & Innovation Sciences 9 coordinating department, participating departments: Chemical Engineering and Applied Physics 5

6 Section 2 Supervisory Board Article 2.3 Composition (Art. 9.7 of the WHW) 1. The Supervisory Board shall consist of at least 3 and no more than 5 members. 2. The President and the other members shall be appointed, suspended, and dismissed by the Minister. One of the members shall be appointed upon nomination by the University Council. The nomination shall include at least two names. If the nominated candidates are not appointed by the Minister, a new nomination will be made. The Minister may deviate from the second nomination, with cause. Inasmuch as it is possible, appointments shall reflect an even distribution of positions by gender. The Minister shall appoint a member in whom the University Council has particular confidence. Appointment shall be for a period of four years. A member of the Supervisory Board shall be eligible for re-appointment no more than once. 3. A member may be dismissed prematurely for serious cause. 4. The composition, duties, and powers of the Supervisory Board are such that it can exercise proper and independent supervision. The members of the Supervisory Board shall have no direct interests in the University. A member of the Supervisory Board shall not be an employee of a ministry or a member of the Senate or the House of Representatives of the Dutch Parliament. Members shall hold their position in a personal capacity, and they shall perform their duties without interference or consultation. The appointment of the members of the Board shall take place according to profiles that have been announced publicly in advance. 5. The University Council shall have the opportunity to make recommendations to the Supervisory Board with regard to the profiles referred to in paragraph The Executive Board shall provide for functional and independent support to the Supervisory Board. The Supervisory Board shall have right of approval with regard to the appointment and dismissal of the Secretary of the Supervisory Board. 7. The members of the Executive Board and the Secretary of the University shall attend the meetings of the Supervisory Board, unless the Supervisory Board decides otherwise. They shall have an advisory vote in these meetings. Article 2.4 Duties and powers (Art. 9.8 of the WHW) 1. With a view toward the duties of the University, as referred to in Article 1.3, paragraph 1 of the WHW, the Supervisory Board shall supervise the Executive Board s performance of activities and exercise of powers, supporting it with counsel. The Supervisory Board shall be charged with duties including the following: a. appointing, suspending, dismissing, and establishing the compensation of the members of the Executive Board; b. approving the Administration and Management Regulations; c. approving the budget, financial statement, annual report, institutional plan, and treasury plan; d. approving the joint regulations as referred to in Article 8.1 of the WHW, if applicable; e. approving proposals for decisions by the Executive Board with regard to the establishment of a legal person or significant financial participation of the University exceeding a financial limit set by the Supervisory Board; f. ensuring compliance by the Executive Board with statutory obligations and dealing with the good governance code, as referred to in Article 2.9 of the WHW; g. ensuring the lawful acquisition and the efficient and lawful allocation and use of resources received under Articles 2.5 and 2.6 of the WHW; h. designating an external auditor, as referred to in Article 393, paragraph 1 of Book 2 of the Dutch Civil Code, who shall report to the Supervisory Board; i. supervising the design of the quality-assurance system in accordance with Article 1.18 of the WHW and j. providing an annual account of the execution of the duties and powers as referred to under a i, in the University's annual report. 2. The Supervisory Board shall consult with the University Council at least twice each year. Article 2.5 Supervisory Board Regulations The Supervisory Board shall establish regulations containing further provisions for its own operations and its relationship with the Executive Board. 6

7 Section 3 Executive Board Article 2.6 Composition (Art. 9.3 of the WHW) 1. The Executive Board shall consist of at least three members, including the President and the Rector Magnificus of the University. Inasmuch as it is possible, appointments shall reflect an even distribution of positions by gender. Appointment and dismissal shall take place following consultation with the Executive Board and after having heard statements from the Deans of the departments, in compliance with the provisions of paragraph Before proceeding with appointment or dismissal, the Supervisory Board shall confidentially hear the University Council concerning the intended decision. The consultation shall take place at such a time that the views of the University Council can have an actual influence on the decision-making process. 3. The Rector Magnificus shall hold the official status of a professor appointed by the University. The Executive Board shall make a profile of the new Rector Magnificus to be appointed available to the Deans of the departments for purposes of advisement. The Deans of the departments shall then deliberate on a possible nomination and engage in consultation with the Supervisory Board, or its representatives, with regard to this matter. 4. The President of the Executive Board shall be appointed from among the members by the Supervisory Board. 5. A member of the Executive Board may be dismissed prematurely for serious cause. 6. A member of the Executive Board may not simultaneously be: a. a member of the Supervisory Board; b. Dean of a department or a member of a Departmental Board; c. a Program Director, a Graduate Program Director, or the Dean of the TU/e Bachelor College or TU/e Graduate School; d. a member of the Supervisory Board or Executive Board of another university. Article 2.7 Duties and powers: Consultation (Art. 9.2 of the WHW) 1. The Executive Board shall be charged with the administration and management of the University in its entirety, without prejudice to the powers of the Supervisory Board. 2. The Executive Board shall be charged with duties to include the following: a. establishing the Administration and Management Regulations, as referred to in Article 9.4 of the WHW; b. establishing the institutional plan, as referred to in Article 2.2 of the WHW; c. establishing the budget, as referred to in Article 2.8 of the WHW; d. establishing the report referred to in Article 2.9 of the WHW; e. establishing the document referred to in Article 4.2, paragraph 2 of the WHW; f. establishing the University Council Regulations, as referred to in Article 9.30 of the WHW; g. concluding joint regulations, as referred to in Article 8.1 of the WHW; h. establishing the institution-specific part of the Student Statute, as referred to in Article 7.59 of the WHW. Article 2.8 Obligation to provide information (Art. 9.6 of the WHW) The Executive Board shall provide the Minister with the requested information concerning the University. Article 2.9 Division of tasks and method of operation (Art. 9.2 of the WHW) 1. Without prejudice to the responsibilities of the Executive Board as a whole for the manner in which it fulfills its duties, the Executive Board may decide upon an internal division of tasks. This division of tasks shall in all cases be brought to the attention of the Supervisory Board. 2. The President of the Executive Board shall represent the University in legal proceedings and extrajudicial matters. Article 2.10 Executive Board Regulations The Executive Board shall establish regulations containing further provisions for its own operations and its relationship with the Supervisory Board. 7

8 Section 4 Secretary of the University Article 2.11 Secretary of the University 1. The Secretary of the University shall be appointed, suspended, and discharged by the Executive Board. 2. The Secretary of the University shall support the Executive Board in its administrative activities and in the implementation of institutional policy. 3. The Secretary of the University shall be charged with supervising the preparation, implementation, and announcement of decisions made by the Executive Board or the Supervisory Board. 4. The Secretary of the University shall initial important documents issued by the Executive Board prior to their signing by the President of the Executive Board. 5. Other documents issued by the Executive Board shall be signed by the Secretary of the University. 6. Notwithstanding the provisions of paragraphs 4 and 5, the Executive Board, having heard statements from the Secretary of the University, may decide to grant signatory powers to other officials in the respective absence of the President of the Executive Board or the Secretary of the University. Section 5 Doctorate Board Article 2.12 Composition (Art of the WHW) 1. The Doctorate Board shall consist of the Deans of the departments and the Rector Magnificus. 2. The Rector Magnificus shall be the Chairman of the Doctorate Board. Article 2.13 Duties (Art. 7.19, 9.10, 9.15 paragraph 2 of the WHW) 1. The Doctorate Board shall be charged with the conferral of doctorate degrees. To this end, it shall establish PhD regulations, subject to approval by the Executive Board. 2. The conferral of honorary doctorates shall take place through the Doctorate Board, upon nomination by the board of a department, having heard statements by the Executive Board. Article 2.14 Rules of procedure; right of access 1. The Doctorate Board may establish rules of procedure for its operations. The Executive Board and the Departmental Boards shall be notified after these rules have been established. 2. The meetings and documents of the Doctorate Board shall not be public, except when the Board decides otherwise as the occasion arises. 3. The Executive Board shall provide for administrative support to the Doctorate Board. Section 6 Department Article 2.15 Departmental Board (Art of the WHW) 1. The Departmental Board shall consist of three members: the Dean, who shall be the Chairman of the Board; a Managing Director, and a third member from the academic staff. In exceptional cases, the Departmental Board may submit a request accompanied by justification to the Executive Board to appoint a fourth member from the academic staff. 2. The Dean shall have the deciding vote when opinions are divided within the Departmental Board. 3. A student from the department (student representative) in question shall have the opportunity to attend the meetings of the Departmental Board, and to have an advisory vote in such meetings. 4. The Program Director of each of the Bachelor s degree programs established within the department, along with the Graduate Program Director of each of the domains established within the department, shall serve as an advisor to the Departmental Board and, in this capacity, have the opportunity to attend the meetings of the Departmental Board, and to have an advisory vote in such meetings. 8

9 Article 2.16 Appointment and dismissal (Art of the WHW) 1. The members of the Departmental Board shall be appointed, suspended, and dismissed by the Executive Board. Appointment shall be for a term set by the Executive Board, which shall as a rule be four years. 2. The Dean shall hold the official status of a professor appointed by the University; like the other members of the Board, the Dean shall be employed within the department. 3. Prior to the appointment or dismissal of the Dean and the other members of the Board, the Executive Board shall confidentially hear the Departmental Board concerning the intended decision regarding appointment or dismissal. The consultation shall take place at such a time that the Board's views can have an actual influence on the decision-making process. 4. The Dean and the other members of the Board may be suspended or dismissed prematurely for serious cause. 5. The Departmental Board shall invite the student members of the Departmental Council to submit a nomination for the position of student representative. This nomination shall contain the names of one or more students who are not members of the Departmental Council. The student representative shall be appointed by the Departmental Board for a period of one year, as a rule. Article 2.17 Guidelines (Art. 9.5 of the WHW) The Executive Board may establish guidelines concerning the organization and coordination of the exercise of the powers referred to in Articles 2.19 and 2.20 of these regulations. Article 2.18 General duties and powers of the Board (Art of the WHW) 1. The Departmental Board shall be charged with the general direction of the department. The Departmental Board shall further be charged with the administration and organization of the department for the purposes of education and scientific practice. 2. The Departmental Board shall cooperate in the administration of the University through such tasks as consulting with the Executive Board with regard to the preparation of the institutional plan and the budget. 3. Without prejudice to the responsibility of the Board as a whole for its decisions and actions, the Departmental Board may establish an internal division of tasks, including signatory powers. 4. The Departmental Board shall notify the Executive Board and the Departmental Council of this task division and shall make it known within the department. Article 2.19 Duties and powers of the Board with regard to education and scientific practice (Art. 9.15, 9.17, 9.20 of the WHW) The Departmental Board shall be charged with: a. establishing the Program and Examination Regulations, as referred to in Article 7.13 of the WHW, in addition to the regular assessment of these regulations; b. establishing general guidelines for scientific practice; c. establishing the department s annual research program; d. supervising the implementation of the Program and Examination Regulations and the annual research program, in addition to submitting regular reports in this regard to the Executive Board; e. appointing the Examinations Committees and the committee referred to in Article 7.29, paragraph 1 of the WHW, in addition to appointing the members of these committees; f. implementing Articles 7.8b and 7.9, with the exception of the designation of programs, as referred to in Article 7.8b, paragraph 3 and Article 7.9, paragraph 1 of the WHW; g. establishing further rules concerning the manner in which exemptions may be granted, as referred to in Article 7.25, paragraph 4; Article 7.28, paragraphs 2 4; and Article 7.29, paragraph 1 of the WHW; h. issuing a certificate of admission, as referred to in Article 7.30a, paragraph 3 of the WHW, applying Article 7.30a, paragraph 5, implementing Article 7.30c: i. concluding joint regulations for one or more degree programs with one or more Boards of other departments; 9

10 j. establishing the procedures and criteria for the recognition of acquired competencies; k. exercising the right of nomination for the conferral of honorary doctorates; l. appointing a Program Director for each degree program; m. arranging for the administration and organization of research institutes; n. submitting nominations to the Executive Board regarding the appointment of professors and associate professors; o. establishing the departmental plan for professor chairs and associate professors; the plan and any amendments to it shall be subject to approval by the Executive Board; p. establishing the organization of the department; q. establishing the program-specific part of the Student Statute, as referred to in Art of the WHW. Article 2.20 Departmental Regulations (Art and 9.38 under b of the WHW) 1. The Departmental Board shall establish Departmental Regulations for the further arrangement of the administration and organization of the department. 2. The Departmental Regulations shall in any case contain rules with regard to the following: a. the duties and powers of Program Directors, including with regard to the manner in which they are to be appointed (Article 9.17, paragraph 3 of the WHW); b. the manner of appointment and composition of Program Committees (Article 9.18, paragraph 3 of the WHW); c. whether and which research institutes are to be established (Article 9.20, paragraph 1 of the WHW); d. the administration and management of the research institutes (Article 9.20, paragraph 2 of the WHW); e. the number of members in the Departmental Council (Article 9.34, paragraph 3, under c of the WHW); f. the manner in which the members of the Council are to be elected and the organization of their election (Article 9.34, paragraph 3, under d of the WHW); g. the term of office for the members of the Departmental Council (Article 9.34, paragraph 3, under e of the WHW); h. the manner in which the Department is to be organized. 3. The Departmental Regulations shall require prior approval by the Departmental Council (Article 9.38 of the WHW). 4. The Departmental Regulations shall require approval by the Executive Board (Article 9.14, paragraph 4 of the WHW). Approval may be denied only if the regulations are in conflict with the law or the common interest. Article 2.21 Accountability of the Board and its obligation to provide information (Art of the WHW) The Departmental Board shall be accountable to the Executive Board (and to the Deans of the TU/e Bachelor College and the TU/e Graduate School, acting on behalf of the Executive Board, respectively, with regard to bachelor s degree programs and graduate degree programs). It shall provide the requested information concerning the department to the Executive Board (and to the Deans of the TU/e Bachelor College and the TU/e Graduate School, acting on behalf of the Executive Board, respectively, with regard to bachelor s degree programs and graduate degree programs). Article 2.22 Program Director (Art of the WHW) The Departmental Board shall ensure the administration of each degree program within the department, as listed in Article 2.2, paragraphs 1 and 2 of these regulations, through the appointment of a Program Director. The Board shall appoint Graduate Program Directors to serve as Program Directors for the Master s degree programs in their domains. Article 2.23 Program Committee (Art of the WHW) 1. The Departmental Board shall establish a Program Committee for each degree program or group of programs, as listed in Article 2.2, paragraphs 1 and 2 of these regulations. The duties of the committee shall be as follows: a. issuing recommendations regarding the Program and Examination Regulations, as referred to in Article 7.13 of the WHW; b. the annual assessment of the implementation of those Regulations; 10

11 c. issuing solicited and unsolicited recommendations to the Program Director and to the Departmental Board with regard to all manners concerning education within the relevant degree program. The committee shall submit the recommendations referred to under a and c to the Departmental Council as information. 2. The Departmental Regulations shall contain procedural rules concerning the application of the provisions of Section 1, and they shall specify the appointment and composition of the Program Committees, on the condition that half of the total number of committee members shall consist of students registered in the relevant degree program. 3. The recommendations referred to in Section 1 of this Article shall be issued prior to the decisionmaking process. The Departmental Board or the Program Director shall also ensure that: - the Program Committees have the opportunity to consult with them before issuing their recommendations; - the Program Committees are notified in writing as soon as possible regarding the action to be taken with regard to the recommendations issued. Section 7 Professors and associate professors Article 2.24 Responsibility; right to serve as PhD student supervisor; title (Art of the WHW) 1. The University staff shall in any case include the professors. The scientific domains in which professors are to discharge their educational and research duties shall be specified in the appointment decision. 2. Professors shall bear eminent responsibility for the development of their assigned scientific areas and for the content of the education to be provided within these areas, without prejudice to the authority of the Departmental Board and the Program Directors. 3. Professors who have been honorably discharged shall retain the right to serve as PhD supervisor for five years after their honorable discharge. 4. Professors shall be entitled to use the title of professor. Former professors who have been granted honorable discharge from the function of professor due to health reasons, voluntary early retirement, or having reached the applicable public-service functional age limit shall also be entitled to use this title. Article 2.25 Appointment of professors and associate professors 1. The Departmental Board shall submit nominations to the Executive Board for the appointment of professors and associate professors. 2. In preparation for such a nomination, the Departmental Board shall establish a nominations advisory committee comprising a majority of professors working within the relevant scientific area. 3. The Departmental Board shall include the committee s recommendations and the accompanying documents in its nomination for the appointment of a professor. 4. Prior to issuing its nomination recommendations to the Board of a department, the committee shall engage in consultation with various parties, including the Program Directors and (Boards or) Academic Directors, respectively, of the relevant research schools and research institutes. The committee shall state the results of such consultation in its recommendations. 5. The Executive Board shall seek recommendations from the Doctorate Board with regard to the nomination referred to in Section The Executive Board may establish further guidelines for the appointment procedure for professors and associate professors. Section 8 Research institutes and research schools Article 2.26 Research institutes within the department (Art of the WHW) 1. The Departmental Regulations provide for the establishment of research institutes within the department. The Departmental Board shall arrange the administration and organization of these research institutes. 2. The Departmental Regulations shall establish rules regarding the administration and organization of research institutes, on the condition that the institutes shall be part of the department in question and that its management shall be determined by the management provisions contained in these regulations. 11

12 Article 2.27 Interdepartmental research institutes and research schools (Art of the WHW) 1. The interdepartmental research institutes and research schools listed in Appendix A to these regulations have been established between the departments of the University. 2. Upon the establishment of an interdepartmental research institute or research school, the Executive Board shall arrange for its management and organization, on the condition that such arrangements shall include at least the specification of the management unit to which the research institute and/or research school in question shall belong, and with the further understanding that its management shall take place according to these regulations. Article 2.28 Coordinating department for interdepartmental research institutes and research schools 1. The departments listed in Appendix A shall serve as the coordinating departments for the University s interdepartmental research institutes and research schools. 2. The Board of the coordinating department shall exercise duties and powers with regard to interdepartmental research institutes and research schools consistent with those of an interdepartmental research institute. It shall do so in consideration of the regulations referred to in Article 2.27, Section 2 of these regulations. Article 2.29 Inter-university research institutes and research schools (Art of the WHW) 1. The University participates in the research institutes and research schools listed in Appendix B based on the inter-university agreements concluded in this regard. 2. The departments listed in Appendix B shall serve as the coordinating departments for the inter-university research institutes and research schools in which the University participates. Section 9 Section 10 Other institutes (no longer applicable) University-wide services Article 2.31 Establishment The Executive Board shall establish the university-wide services. The list of established universitywide services is included in Appendix C of these regulations. Article 2.32 Appointment of directors of services The Executive Board shall appoint the directors of the university-wide services. Article 2.33 Duties of the university-wide services The duties of the university-wide services shall be determined by the Executive Board, having heard statements from the Departmental Boards and the directors of the central services. 12

13 Section 11 TU/e Bachelor College and TU/e Graduate School Article 2.34 TU/e Bachelor College The degree programs listed in Article 2.2, paragraph 1 of these regulations are united in the TU/e Bachelor College. The TU/e Bachelor College shall be directed by a Dean, on behalf of the Executive Board, and it shall be primarily charged with: - ensuring the development and implementation of the institutional policy and administrative guidelines in relation to the Bachelor s programs; - providing quality assurance in relation to the Bachelor s programs; and - ensuring innovation and strengthening of the Bachelor s programs. More detailed rules regarding the TU/e Bachelor College and the Dean are specified in a separate set of regulations. These TU/e Bachelor College Regulations shall be established by the Executive Board. The Executive Board shall notify the University Council in advance of any amendments to these regulations. Article 2.35 TU/e Graduate School The degree programs listed in Article 2.2, paragraphs 2, 3, and 4 of these regulations are united in the TU/e Graduate School, as are the doctoral programs. The TU/e Graduate School shall be directed by a Dean, on behalf of the Executive Board, and it shall be primarily charged with: - ensuring the development and implementation of the institutional policy and administrative guidelines in relation to the graduate programs; - providing quality assurance in relation to the graduate programs; and - ensuring innovation and strengthening of the graduate programs. More detailed rules regarding the TU/e Graduate School and the Dean are specified in a separate set of regulations. These TU/e Graduate School Regulations shall be established by the Executive Board. The Executive Board shall notify the University Council in advance of any amendments to these regulations. 13

14 CHAPTER III ADVISORY COUNCILS Section 1 System Article 3.1 Advisory-council system (Art of the WHW) 1. The University is not subject to the Works Councils Act. 2. The University has a University Council, as referred to in Article 9.31 of the WHW. 3. Each department has a Departmental Council, as referred to in Article 9.37 of the WHW. 4. The university-wide services have a Services Council, as referred to in Article 9.50 of the WHW. Section 2 University Council Article 3.2 University Council (Art of the WHW) 1. The University Council shall consist of 18 members. 2. The positions shall be distributed as follows: a. 9 positions for members of the staff; b. 9 positions for students. 3. Members of the Supervisory Board, the Executive Board, or the Board of a department may not simultaneously be members of the University Council. The same applies to the Secretary of the University. 4. The University Council shall elect a chairman from among or from outside its membership, as well as one or more vice-chairmen from among its membership. The chairman or acting chairman shall represent the University Council in legal proceedings. Article 3.3 Term of office 1. The term of office for members of the University Council shall be two years for members of the staff and one year for students. 2. The chairman shall be elected for a period of four years, unless the Council decides otherwise, where appropriate. Article 3.4 Elections Elections for the members of the University Council shall be organized according to the applicable election regulations. Article 3.5 General powers and duties (Art of the WHW) 1. The Executive Board shall offer the University Council at least two opportunities per year to discuss with it the general state of affairs in the University. 2. The Council shall be authorized to make proposals and state its views to the Executive Board with regard to all matters concerning the University. 3. To the best of its ability, the Council shall promote transparency, accessibility, and mutual consultation within the University. 4. The Council shall guard against discrimination on any grounds within the University as a whole, and it shall devote particular attention to promoting the equal treatment of men and women, as well as the inclusion of people with disabilities and people of minority background. 5. At the beginning of the academic year, the Executive Board shall provide the Council with hard copies of the basic data concerning the composition of the Executive Board, the Supervisory Board, the organization within the University, and the most important points of established policy. 6. The Executive Board shall inform the Council in writing at least once each year regarding the policy it has implemented in the preceding year and financial, organizational, and educational policy intentions with regard to the University for the coming year. The Executive Board shall notify the Council immediately of any resolutions concerning the matters described in the institutional plan. 14

15 7. Without prejudice to the previous section, the Executive Board shall provide the Council with all information, solicited or unsolicited, that it reasonably needs in order to fulfill its duties. This information shall include the provision of data at least once per year concerning the level and content of the employment conditions and agreements with each group of people employed within the University, as well as for the members of the Executive Board and the Supervisory Board. Article 3.6 Right of approval (Art of the WHW) The Executive Board requires the advance approval of the University Council for any decision to be made by the Executive Board with regard to the establishment or amendment of: a. the institutional plan, as referred to in Article 2.2 of the WHW; b. the design of the quality-assurance system, in accordance with Article 1.18, paragraph 1 of the WHW, as well as the intended policies in light of the outcomes of the quality assessment, as referred to in Article 2.9, paragraph 2, clause 2 of the WHW; c. the institution-specific part of the Student Statute, as referred to in Article 7.59 of the WHW. d. the Administration and Management Regulations, as referred to in Article 9.4 of the WHW; e. rules concerning working conditions; f. the selection of advisory-council systems, as referred to in Article 9.30, paragraph 1 of the WHW; g. the policy of the Board concerning the application of Article 7.51 of the WHW and the rules referred to in paragraph 4 of that article; h. the guidelines of the Executive Board concerning the Program and Examination Regulations, as referred to in Article 7.13 of the WHW; i. the introduction of the binding recommendation on the continuation of studies, along with any essential changes to this policy; j. the introduction of the Bachelor-before-Master system, along with any essential changes to this policy; k. the guidelines of the Board, concerning the TU/e Bachelor College and the TU/e Graduate School, in accordance with Article 9.5 of the WHW; l. relevant reorganizations in combination with a revision of the TU/e administration and management regulations; m. the Executive Board also requires the advance approval of the University Council on the main elements of the annual budget, as referred to in Article 2.8 of the WHW. The right of advance approval will not be exercised if the content of a part of the budget is regulated by or under an article of the WHW. Article 3.6A Advisory powers of the University Council; Advisory powers of the student section (Art. 9.33a of the WHW) 1. The Executive Board shall request advice from the University Council prior to any decision to be made by the Executive Board concerning the following topics: a. matters concerning the continued existence and proper conduct of affairs within the University; b. the budget, which should include statements of the institute tuition fees and the tuition fees mentioned in Article 6.7, paragraph 1 respectively Article 6.8, paragraph 1 of the WHW, as well as the internal funding model and the baseline Campus 2020; c. vision documents concerning education-, research-, valorization-, human resources- and campus development policies; d. relevant reorganizations without a revision of the TU/e administration and management regulations. 2. The Executive Board shall request advice from the part of the University Council that has been elected by and from among the students prior to any decision to be made by the Executive Board concerning the following topics: a. the general staff and appointment policy, unless Article 9.36, paragraph 2 of the WHW is applicable; b. the policy regarding the institute tuition fees, as referred to in Article 7.46 and the tuition fees mentioned in Article 6.7, paragraph 1 of the WHW ; c. the regulations of the Board with regard to the reimbursement of statutory tuition fees, as referred to in Article 7.48, paragraph 4 of the WHW; 15

16 d. the regulations the Board establishes for the selection criteria en the selection procedure as referred to in Article 6.7a, paragraph 1, under b of the WHW, respectively Article 7.26, 7.26a and 7.53, paragraph 3, and insofar as the selection procedure is concerned Article 7.30b, paragraph 2 of the WHW; e. the regulations the Board establishes for the criteria en the procedure for the dispensation of the payment of the higher tuition fees as referred to in Article 6.7a, paragraph 1, under c of the WHW; f. the rules the Board establishes concerning the selection referred to in Article 7.9b, paragraph 1 of the WHW; g. the rules the Board establishes concerning study choice advices and study choice activities referred to in Article 7.31b, paragraph 4 of the WHW. Article 3.7 University Council Regulations (Art. 9.31, paragraphs 7 and 9.34 of the WHW) 1. The Executive Board shall establish the regulations for the University Council, in consideration of Article 9.34 of the WHW. The regulations shall provide for matters including the following: a. matters for which the Council has a right of approval, without prejudice to Article 9.33 of the WHW; b. matters for which the Council has a right to provide advice, without prejudice to Article 9.33a of the WHW; c. the number of members in the Council; d. the manner in which the members of the Council are to be elected and the organization of their election; e. the term of office for members of the Council; f. the manner in which the Executive Board is to provide information to the Council; g. the terms within which approval or abstention from consent must be decided and the terms within which advice must be issued; h. the powers exercised by the Departmental Councils; i. the allocation to the Council of a corresponding power, as referred to in Article 12, introductory wording of paragraph 2, part b of the Equal Treatment Act, whereby Article 21, paragraph 2 of the WHW regarding equal treatment of men and women shall apply mutatis mutandis; j. the allocation to the part of the Council elected from among and by the staff of the powers regarding working conditions, as allocated to the advisory council by the Working Conditions Act of 1998 and the general administrative measure on the grounds of Article 16 of the same Act; k. the allocation to the Council or the part of the Council elected from among and by the staff of the powers regarding the working conditions in the University, insofar as they do not involve decisions to be made by the Executive Board, as referred to in Article 9.33 part e of the WHW; and l. which disputes between the Executive Board and the Council for which the WHW provides no dispute regulation, shall be submitted to the Dispute Committee, as referred to in Article 9.39 of the WHW, who can instigate the dispute procedure and if the committee will be asked to provide mediation or a ruling, insofar as the Dispute Committee s regulations offer such a possibility. 2. The Executive Board shall submit the regulations, to be understood as including all amendments thereto, to the Council as a proposal. The Executive Board shall not adopt the regulations unless the proposal has received the approval of two thirds of the members of the Council. 3. The University Council shall establish regulations for matters of a domestic nature, and it shall regulate the distribution of resources made available to the University Council and the Departmental Councils and to any committees by the Executive Board, as referred to in Article 9.47 of the WHW. Article 3.8 Right of access and report (Art. 9.32, paragraphs 7 and 8 of the WHW) 1. The meetings and meeting documents of the University Council shall be public, unless the Council decides otherwise, where appropriate. 16

17 2. The Council shall provide an annual written report of its activities, and it shall ensure that the report is available to all parties involved with the University. The Council shall ensure that the agendas and reports of its meetings are transmitted to the Executive Board, to the Departmental Councils, and to any committees, as referred to in Article 9.47 of the WHW, and that they are made available in a generally accessible location within the University for review by stakeholders. The Council shall provide the committees referred to in the preceding clause with at least one opportunity per year to discuss with it matters that are of particular importance to the committees in question. Section 3 Local consultation Article 3.9 Local consultation (Art. 4.5, paragraph 5 of the WHW) Consultation shall be held by or on behalf of the Executive Board, in a manner agreed upon in writing, with the appropriate organizations of government and educational staff with regard to the regulations referred to in paragraphs 1 and 4 of Article 4.5 of the WHW, as well as with regard to other matters of common interest for the special legal status of University staff. Section 4 Departmental Council Article 3.10 Departmental Council (Art and 9.31, paragraphs 2 6 of the WHW) 1. The Departmental Council shall consist of 10 members. Half of the Council shall consist of members elected by and from among department staff, with the other half consisting of members elected by and from among the students of the department. 2. Members of the Supervisory Board, the Executive Board, or a Departmental Board may not simultaneously be members of the Council. The same applies to the student representative, as referred to in Article 9.12, paragraph 2 of the WHW. 3. The Departmental Council shall elect a chairman and a vice-chairman from among or from outside its membership. Article 3.11 Term of office The term of office for members of the Departmental Council and the chairman or vice-chairman of this Council shall be two years for members of the staff and one year for students. Article 3.12 Elections Elections for the members of the Departmental Council shall be organized according to the applicable election regulations. Article 3.13 General powers and duties (Art. 9.38a of the WHW) 1. The Departmental Board shall offer the Departmental Council at least two opportunities per year to discuss with it the general state of affairs in the department. 2. The Council shall be authorized to make proposals and state its standpoint to the Departmental Board with regard to all matters concerning the department. 3. The Departmental Council shall exercise the right to approve and the right to provide advice toward the Departmental Board, as allocated to the University Council insofar as their exercise involves matters that are of particular concern to the department and the relevant powers are also allocated to the Board. 4. At the beginning of the academic year, the Departmental Board shall provide the Council with hard copies of the basic data concerning the composition of the Departmental Board, the organization within the department, and the most important points of the previously established policy. 5. The Departmental Board shall inform the Council in writing at least once each year regarding the policy it has implemented in the preceding year and financial, organizational, and educational policy intentions with regard to the department for the coming year. The Departmental Board shall notify the Council immediately of any resolutions concerning the matters described in the departmental plan. The Departmental Board shall also provide the Council promptly with all information, solicited or unsolicited, that it reasonably needs in order to fulfill its duties. 17

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